Olson's Ad Claim Disputed

Prosecutor Declines To Produce Evidence

October 27, 1990|By RONNIE CROCKER Staff Writer

NEWPORT NEWS — Veteran prosecutors across the state cast doubt Friday on Commonwealth's Attorney David B. Olson's claim that he "has put more criminals behind bars than any other prosecutor in Virginia," but Olson's campaign chairman said he felt no compulsion to disclose documentation that might prove the claim.

"I would not be inclined to start backing up with figures a political ad until somebody says there's something wrong with it," said Herbert V. "Bert" Kelly Jr. "As far as I'm concerned at this point, it's a moot point."

Olson said Thursday he had documentation to prove the claim, which appeared in newspaper advertisements Wednesday and Thursday, but he said he did not have time to produce it. He declined to see a reporter at his office Friday morning and did not respond to a message in which the reporter offered to pick up the information.

Meanwhile, several commonwealth's attorneys around the state said they were unaware of any statistics which might confirm Olson's claim.

"You've got to be joking," said Portsmouth Commonwealth's Attorney Johnny E. Morrison, a Democrat like Olson's opponent, when told about the ad. "I would put my record against his any day."

"It sounds like a little bit of puffing," said Robert F. Horan Jr., commonwealth's attorney in Fairfax since 1967. "I certainly couldn't tell you how many people I've put behind bars without doing a lot of work. I don't know of anyone who keeps those types of records."

Horan, also a Democrat, said he and a few other veteran prosecutors have probably locked up more people than Olson, but he said it would be almost impossible to prove.

Walter S. Felton Jr., administrative coordinator of the Commonwealth's Attorneys Services and Training Council at the College of William and Mary, said that while Olson is among the most experienced prosecutors in Virginia, it would be difficult to determine where he ranks in terms of successful prosecutions.

Felton said records are available which show how long a person has been prosecuting cases or how many cases were handled in a particular city or county, but he said he knows of none which track cases tried by individual prosecutors.

"The bottom line is I just wouldn't know how to count them," Felton said.

Most prosecutors contacted Friday said they could not tell from the wording of the ad what exactly Olson is talking about.

"Does it mean him personally? Does it mean his office?" asked Suffolk Commonwealth's Attorney C. Phillips Ferguson, a Democrat who ran as an independent in the last election. "If he makes the statement, he has the responsibility for backing it up."

Olson's ad states: "David Olson has put more criminals behind bars than any other prosecutor in Virginia." It is accompanied by a picture of a hand turning a key on an occupied jail cell.

Olson, who has been a prosecutor in Newport News for 19 years, was appointed commonwealth's attorney in January to succeed Willard M. Robinson Jr., who retired after 27 years in office. Olson, the Republican nominee, is opposed in the Nov. 6 election by Howard E. Gwynn, an eight-year assistant under Robinson, who resigned in August to campaign full-time against his former colleague.

Gwynn ran newspaper ads Wednesday and Friday that criticize Olson for refusing to debate him, for insinuating he has tried more murder cases than Gwynn and for failing to explain in public his handling of the Fred Paul Pennington drug case, which Olson plea-bargained earlier this year.

Gwynn said he does not consider that negative campaigning, but a fair statement of the issues in the campaign. Gwynn and Olson have debated twice, but Gwynn has asked for more such face-to-face appearances.

The issue of prosecuting murder cases was raised in an Olson ad that ran in Sunday's Daily Press. That ad featured a photograph of a chalk outline of a body, like those seen on television at murder scenes. It noted that since Jan. 1 there had been 22 murders in Newport News, and it asked, "Do you want an experienced prosecutor to try these cases?"

Gwynn claims the ad is "deceptive and misleading" because it insinuated that Olson had tried more murder trials than his opponent. Gwynn said that in more than eight years as an assistant commonwealth's attorney, he tried 15 murder trials and got 12 convictions. During the same time, he said, he does not remember Olson trying a single murder case.

Olson, who has been running in large part on his experience, said he has tried a great number of murder cases. He said he has been involved in six murder trials, some still ongoing, since he was appointed commonwealth's attorney.

A check of Circuit Court records from 27 murder and manslaughter trials in the city between 1987 and earlier this year revealed that Olson had tried none of them. Olson declined to comment when asked about the recent increase in murder cases he is handling.